Money Bill Flashcards
(10 cards)
Money Bill: Definition
A bill is a Money Bill if it contains only provisions dealing with any of the following matters:
1 Imposition, abolition, remission, alteration, or regulation of taxes.
2 Borrowing of money by the Government of India.
3 Custody of the Consolidated Fund or Contingency Fund of India and payments into or withdrawals from these funds.
4 Appropriation of money from the Consolidated Fund of India.
5 Declaration of expenditure charged on the Consolidated Fund of India.
6 Receipts of money on behalf of the Government of India (such as loans, repayments, or other financial obligations).
7 Any matter incidental to the above.
A Bill is NOT a Money Bill if it only provides for
- **The imposition of fines or penalties.
- **The demand or payment of fees for licenses or services.
- **The imposition, alteration, or regulation of a tax by local bodies.
(As per Article 110 of the Constitution, these do not qualify a bill as a Money Bill.)
Introduction of a Money Bill
Can only be introduced in Lok Sabha, and only by a minister on behalf of the government.
Article 117(1) requires the prior recommendation of the President for introducing a Money Bill.
Certification by Speaker
The Speaker of Lok Sabha has the final authority to certify whether a bill is a Money Bill, and their decision cannot be challenged in any court.
Rajya Sabha’s Role in Money Bill
Rajya Sabha cannot reject or amend a Money Bill. It can only recommend changes, which Lok Sabha may accept or reject.
Time Limit for Rajya Sabha
Rajya Sabha must return a Money Bill within 14 days; otherwise, it is considered passed.
President’s Assent for Money Bill
The President cannot return a Money Bill for reconsideration; they must either give assent or reject it outright.
Effect of Lok Sabha Dissolution on Money Bill
A pending Money Bill lapses upon Lok Sabha’s dissolution and must be reintroduced in the new Lok Sabha.
Difference Between Money Bill and Financial Bill
All Money Bills are Financial Bills, but not all Financial Bills are Money Bills. Financial Bills (Categories A & B) have a different legislative process.
Article 109: Special Procedure for Money Bills
Article 109 of the Constitution lays down the special procedure for Money Bills:
\n1. A Money Bill can only be introduced in Lok Sabha.
\n2. Rajya Sabha cannot reject or amend a Money Bill; it can only recommend changes.
\n3. Rajya Sabha must return the bill within 14 days; if not, it is deemed to be passed.
\n4. Lok Sabha may accept or reject any recommendations made by Rajya Sabha.
\n5. President’s recommendation is required for introducing a Money Bill.